Cc-uk mailing list

["Hector MacQueen" <hector.macqueen AT ed.ac.uk>]

Yes, but the asserter of the integrity right has to show prejudice or
damage to honour or reputation before any of the challenges to use of a
work get off the ground.  These aren't ephemeral or trivial
requirements.  And as I said in my earlier comments, this relates
ultimately to fundamental rights which in the human rights jurisprudence
I'm familiar with outweighs even freedom of expression - indeed, is
necessary so that freedom of expression is not abused at the expense of
others' rights and freedoms.  But of course a person should be able to
waive the integrity right if they wish to do so.

Finally, I'd wholeheartedly agree that this sort of thing is not just a
footnote

Cheers

Hector

************************

Hector L MacQueen
Professor of Private Law 
Director, AHRB Research Centre for Studies in Intellectual Property and
Technology Law
University of Edinburgh
Old College
South Bridge
Edinburgh EH8 9YL
UK
Tel (UK)-(0)131-650-2060
Fax (UK)-(0)131-650-6317
Email: hector.macqueen AT ed.ac.uk
Web: http://www.law.ed.ac.uk/ 

************************


-----Original Message-----
From: cc-uk-bounces AT lists.ibiblio.org
[mailto:cc-uk-bounces AT lists.ibiblio.org] On Behalf Of Rob Myers
Sent: 06 October 2004 15:44
To: 'cc-uk'
Subject: RE: [Cc-uk] Integrity. Again.


On Wednesday, October 06, 2004, at 03:19PM, Hector MacQueen
<hector.macqueen AT ed.ac.uk> wrote:

>H'mm - you're free to insult me unless I say otherwise.  Sounds good.

""""Your presentation of my anti-Integrity posting within a
pro-Integrity context misrepresents my views and has thereby caused harm
to my reputation. I am asserting my right of integrity. Please remove my
posting from yours and remove the offending 'derivative work' from any
and all clients and servers it has been distributed to."""

"""I note that you have not compled with my request. My lawyers have
contacted your ISP with a cease and desist notice. Failure to comply
blah blah blah damages blah blah blah."""

Seriously, though, leaving the scope of Integrity as a footnote in the
license isn't ideal. And I'd rather be insulted than have a project
blown up by an upstream Integrity assertion.

- Rob.
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